A motion filed Friday seeks to have the writing samples analyzed by a handwriting expert who has worked extensively for the FBI.

LoPorto and McDonough were indicted in January on more than 100 felony counts of second-degree forgery and second-degree criminal possession of a forged instrument. They are accused of taking part in the forging and filing of absentee ballots in the 2009 Working Families Party primary.

The motion by Trey Smith, a special prosecutor, was filed three days after Smith disclosed handwriting samples on more than a dozen forged absentee ballots may belong to William McInerney, a Troy city clerk, and not LoPorto.

The handwriting disclosure does not unravel the criminal case against LoPorto.

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Witnesses told State Police LoPorto helped collect some of the forged ballots and allegedly instructed a political operative not to disclose that he had given them to her for filing after the scandal was discovered. Other witnesses also claimed LoPorto had them sign absentee ballots that they never filled out and which were later found to have been submitted at the board of elections.

McInerney, meanwhile, remains a target of the investigation. In his motion Friday Smith disclosed that an "anomaly" in the forged documents that was discovered by a former FBI handwriting expert has shifted their focus back to McInerney.

"Because the investigation is ongoing, I cannot disclose the anomaly at this time, but will do so as soon as possible," Smith wrote in the request to acting Supreme Court Justice George J. Pulver Jr. "To disclose the discrepancy at this time could cause either Mr. LoPorto or Mr. McInerney to attempt deceit while furnishing specimens."

The motion seeks a court order compelling only McDonough and LoPorto to provide handwriting samples. McInerney has not been indicted and therefore Smith may not have grounds to ask a judge to compel the city clerk to turn over a writing sample. Still, State Police would have access to motor vehicle records, job application forms and other public documents that may contain McInerney's handwriting.

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Smith said the handwriting analysis may clear LoPorto of forgery counts related to 13 charges. But at the same time, Smith wrote in his motion, an analysis showing McInerney's handwriting on the forged ballots could "constitute a document-based, evidentiary link between Mr. LoPorto and Mr. McInerney."